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High Court dismisses a personal injuries action brought against the Motor Insurers Bureau of Ireland in a case where the passenger of a vehicle which crashed into a lamppost failed to establish that the driver was untraced, in circumstances where she and her solicitor failed to make inquiries with the Gardaí as to his address.
Personal injuries – passenger in her own car when it was crashed into a lamp post - had no insurance in respect of her vehicle – driver had no insurance to drive the vehicle – passenger claims that the driver was untraceable – MIBI argued that the only reason the driver was untraceable was that the passenger failed to make any inquiries of the investigating garda - submitted that the passenger had not established either a cause of action, or a right of recovery – whether the driver was untraced - day of the accident – evidence in relation to efforts to trace the driver – evidence of the gardai – function of the MIBI - MIBI may only be sued as a sole defendant where the owner or user of the offending vehicle, remain unidentified or untraced - untenable to argue that the driver remained untraced since the time of the accident – passenger has not established an entitlement to sue the MIBI as a sole defendant in these proceedings.
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